ACLU Asks Supreme Court to Invalidate U. of Utah Patents on Cancer Genes

Following a federal appeals court’s decision last month to again uphold the legality of gene patents developed at the University of Utah and used by Myriad Genetics Inc. for a controversial test that the company sells to patients, the American Civil Liberties Union and the Public Patent Foundation on Tuesday asked the U.S. Supreme Court to invalidate those patents. The two groups first challenged the validity of the patents, which involve genes known as BRCA 1 and BRCA 2, in 2009. A federal district court initially sided with the challengers, but the U.S. Court of Appeals for the Federal Circuit later reversed that ruling. The Supreme Court then ordered the appeals court to reconsider its ruling in light of the high court’s own decision in a related case this year. The appeals court’s 2-to-1 ruling in August again upheld the legality of the patents. In a news release, Chris Hansen, a staff lawyer with the ACLU’s Speech, Privacy, and Technology Project, said the appeals court “did not fully consider or correctly apply the Supreme Court’s most recent and relevant patent-law decisions.”